The Roman salute constitutes a crime of apologizing for fascism, Italy's Supreme Court of Cassation ruled on Thursday January 18, but the Republic's “open” constitution makes the rulings on the matter very hypothetical.
The country's highest criminal court met after a Jan. 7 rally in Rome in which hundreds of people gave the fascist salute in front of the former Rome headquarters of the Italian Social Movement (MSI), a party founded by supporters of Benito Mussolini after the second World War. The rally commemorated the murder of two teenage members of the MSI youth wing who were shot on January 7, 1978 during the Years of Lead.
In its decision, the Supreme Court of Cassation considers that the convocation ceremony, in which participants in a fascist demonstration respond with “present”, as well as the “Roman salute” – the outstretched arm – are punishable.
These are rituals that “recall the specific gestures of the fascist party that was dissolved after the Second World War” and as such fall within the scope of Article 5 of the so-called “Scelba” law of 1952, the judges said However, the crime cannot be recognized in the context of a memorial event unless it is proven that the perpetrators had the intention to revive the fascist party.
“In Italy we don’t punish opinions”
“It is appropriate” to sanction, they add, “taking into account the concrete danger of a reorganization of the dissolved fascist party,” an almost insurmountable obstacle, according to lawyers interviewed by Agence France-Presse. However, another text can be invoked against such public demonstrations: the so-called “Mancino” law of 1993, which criminalizes acts of discrimination or violence of a racist nature.
To support their conclusions, the top judges decided on a new appeal process against eight activists who gave the fascist salute at a memorial ceremony in 2016 and were convicted in the second instance. For the lawyers of two of them, the decision of the Supreme Court of Cassation justifies them. “In Italy we don’t punish opinions,” said Domenico Di Tullio happily, quoted by the Italian agency ANSA. The small neo-fascist group CasaPound hailed “a victory,” while Senate President Ignazio La Russa, an avowed fan of Mussolini busts, said the court’s decision “needs no comment.”
The vice president of the National Association of Italian Partisans (ANPI), Emilio Ricci, sees this as a “clarification” that is suitable for condemning the neo-fascist activists. He calls on the courts to prosecute those who attended the January 7 rally. “I hope that the prosecutor's office charges them with violating the Scelba and Mancino laws,” he said.
Divergences of interpretation
The same differences in interpretation occurred in the Italian media and social networks. Some see this as strengthening the legislative arsenal against the resurgence of fascism, others believe it will be equally or even more difficult to suppress.
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For the constitutional lawyer Gaetano Azzariti, the Supreme Court of Cassation confirmed “the anti-fascist values” of the post-war Italian republic. It also enshrines “the criminal offense of apologizing for fascism,” but leaves its application to the courts. In short, a position of balance, in his opinion.
For his part, constitutional law professor Giulio Vigevani believes that it will always remain difficult to prosecute these facts on the basis of the provisions of the Scelba Law, which suppresses the apology of fascism. “In 99% of cases, a conviction will not be possible based on the Roman salute alone. The Italian Constitution defends an open democracy that is not afraid of its enemies,” he recalls.
Prime Minister Giorgia Meloni, co-founder of the post-fascist party Fratelli d'Italia and a former member of the MSI, was heavily criticized by the opposition for her silence on the demonstration, images of which went around the world.
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